Is Turkey Kosher?

By: Rabbi Ari Z. Zivotofsky,** Ph.D.

KASHRUT OF BIRDS - THE RABBINIC STORY:

The rabbis, cognizant that not everyone is familiar with all of the non-kosher
species enumerated in the Torah, provided the following four identifying
features to help categorize birds. 7
The Mishnah states "every bird that is 1) dores ("a predator") is
not kosher. Every bird that has 2) an extra toe, 8
3) a zefek (crop - ingluvius, the biblical more'eh, e.g.
Lev 1:16), and 4) a korkuvan (gizzard, "pupik" in yiddish) that
can be peeled, is kosher." 9

The definition of a dores (predatory species) is the subject
of a major debate. Rashi (Chullin 59a) and Rav Ovadiah Mibartenura
(Chullin 3:6 - first explanation) explain that it refers to a bird
that seizes its food with its claws and lifts it off the ground to its
mouth. Rashi (Chullin 62a, Niddah 50b) and Rambam (Perush
Hamishnayot, Chullin 3:6) explain that the bird holds down its prey
with its claws and breaks off small pieces to eat. The Raavad elaborates
and says that a bird is a dores if it holds down its food with its
feet. the food can be a live or dead animal or even vegetables.

Ran, Tosfot (Chullin 61a, s.v. hadores) in the name of
Rabbeinu Tam, Sefer Haeshkol, 10
and Rav Ovadiah Mibartenura (Chullin 3:6 - second explanation) reject
Rashi's definition because it would seem to include chickens. Rather, they
explain it to mean that the bird (hits its prey and 11 ) ingests its prey while it is still alive. The Beit Yosef,
Meiri, and Rashba in the name of Rabbenu Tam explain that the eating of
live worms by chickens is not a problem since worms are not true "animals".
This would apply to flies as well. The Rashba limits it specifically to
birds that eat other birds alive. Divrei Aharon (#29) in the name
of the Rashash explains that the critical feature of dores birds
is that they whack their prey before consuming them alive. This is not
characteristic of chickens and other birds that eat small insects and insects.

Ramban, Rashba, Sefer Hachinuch, and Shach define dores
as birds that either claw their prey to death or inject them with a venom.
Raavad rejects this since many of the non-kosher birds listed in the Torah,
including the orev, have no poison. Rabbenu Gershom interprets dores
to mean that they seize their prey in flight, without first alighting on
the ground.

Chazal provided two indicators to recognize a dores (Mishnah,
Chullin 3:6). If, while standing on a rope, it spreads two toes
to each side it is dores and definitely not kosher; if it splits its toes
three and one it is not a dores and may be kosher. 12 Second, if one throws food in the air and the bird catches
it and eats it without the food ever touching the ground, it is a dores.

The talmudic sections (Chullin 60b-63b, 65a) dealing with the
above cited Mishnah are cryptic, and their practical application is the
source of a great deal of controversy. It led the Meiri to comment that
"it is all confused in the hands of the commentators" and the Sefer
Haeshkol to observe that in this subject matter "due to our many sins
we are groping and searching in the dark and searching for God's word and
not finding the truth."

According to the Talmud (Chullin 61a), the two prototypical birds
from which we derive the kosher characteristics are the tur (turtle
dove - Feliks) and the nesher (Griffon Vulture (Feliks) or Eagle 13 (Kaplan)). The tur is one of the two birds that was
suitable for sacrifices in the Temple and exhibits all four kosher signs. 14 The nesher heads the list of non-kosher birds and has
none of the kosher signs. An orderly presentation of many of the possibilities
of how to understand these talmudic sections is offered by the Meiri 15 who divides them into four principal explanations. These are
summarized as follows:

The first opinion is that of Rashi. It is cited by the Ramban and Ran,
accepted by the Rosh, Rashba, Chinuch (mitzvah 157), and Chachmat Adam
(36:2), and according to Tosfot Yom Tov (cited in Tzemech Tzedek YD:1:60)
the Rambam, and it is strongly defended by Pri Toar and Tzemech Tzedek.
It states that to be kosher a bird must have all four indicia. Thus, it
is necessary for a bird to be a non-dores, because even if it exhibits
all three physical signs, it may still be a dores and hence non-kosher.

This condition presents a major problem since it is sometimes difficult
to determine a bird's dores status. The Talmud presents the story
of the bird known as tarnugulsa d'agma which was assumed to be a
kosher species and was widely eaten and only later was found to be a dores
and declared non-kosher. 16

According to the Aruch Hashulchan (YD 82:12) the most widely
accepted opinion is the second one, that of Rav Moshe ben Rav Yosef (Rambi).
In this view, which is followed by Razah, Ramban, Rashban, Ran, the Ittur,
Maharshal, and others, there are really only three signs. Any bird that
exhibits all three physical signs is by definition not a dores and
is kosher. In addition, all birds that are dores are not kosher,
and all non-dores are kosher except for either the peres or the
ozniyah. Since neither of these is found in settled areas they are a non-issue. 17 The presence of three indicators is such a strong proof that
it is not dores that the Yam Shel Shlomo (cited in Shach,
YD 82:8) says that if such a bird is observed being dores it is
anomalous behavior and can be ignored.

In response to a statement that most Rishonim and Acharonim
(early and later rabbinic authorities) follow Rashi, Shoel U'mashiv
(3:YD:2:121) wrote "this is a lie. The truth is the opposite. Nearly all
of the Rishonim follow Rambi." He emphasizes that the great Ramban
held that if the bird has all three kosher signs and is not known to be
dores it is definitely kosher. And the Rashba, Ran, and Maharshal agree
with this.&nbsp18

The final two opinions agree that if presented with a bird that has
all three physical attributes there is no need to investigate its dores
status - it is certainly kosher. The last opinion gives special consideration
to the kurkavan sign, prompting the Aruch Hashulchan (YD 82:12-13)
to say that if a bird has at least two of the three signs and one of them
is a peelable kurkavan many people will declare it a kosher species
without a need to verify its dores status.